ML20136H900

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Partial Response to FOIA Request for Three Categories of Documents Re Proposed Rule Limiting Use of Highly Enriched U in Research Reactors.Apps a & B Documents in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)
ML20136H900
Person / Time
Site: University of Lowell
Issue date: 07/27/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Aftergood S
COMMITTEE TO BRIDGE THE GAP
Shared Package
ML20136H905 List:
References
FOIA-85-379 AB60-2-312, AB61-2-312, NUDOCS 8508200541
Download: ML20136H900 (6)
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Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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JUL z 71985 )

Mr. Steven Aftergood, Executive Director Comittee to Bridge the GAP 1637 Butler Avenue, #203 IN RESPONSE REFER Los Angeles, CA 90025 TO F01A-85-379

Dear Mr. Aftergood:

This is in partial response to your letter dated May 16, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of three categories of documents related to the proposed rule for limiting the use of highly enriched uranium (HEU) in research and test reactors.

The documents identified on the enclosed appendices are subject to categories 1 and 3 of your request. The documents identified on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-379 in your name. The documents identified on enclosed Appendix B are already in the PDR. I have indicated the file location beside each document description.

The documents identified on enclosed Appendix C contain the predecisional advice, opinions, and recommendations of the staff on the proposal to withdraw the proposed rule. This information is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been detennined that the iiiformation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Robert B. Minogue, Director, Office of Nuclear Regulatory Research.

This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

1 8508200541 850727 A ER -379 PDR

a Steven Aftergood ,

Additional documents that are subject to your request have been addressed in a previous F0IA request. You may obtain access to those documents by requesting file folder F01A-84-784 under the name of Hirsch, which is also maintained in the PDR.

The search for and review of documents that are subject to ycur request are

continuing. We will notify you upon completion of the search and review.

Sincer ly.

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/* J. M. Felton, Director i f Division of Rules and Records Office of Administration

Enclosures:

As stated 8

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Re: F01A-85-379 APPENDIX A DOCUMENTS BEING PLACED IN THE PDR

1. 4/8/83 Memo from Gaske to ACRS Members,

Subject:

Comments on Reducing the Fuel Enrichment of U.S. Reactors. (20 pages)

2. 4/28/83 Memo from Fraley to Ahearne,

Subject:

Reducing Fuel Enrichment in U.S. Research Reactors. (5pages)

3. 10/4/84 Letter from Congressman George Brown, re: proposed rule.

(2 pages)

4. 10/11/84 Letter from Congressman Waxman to Chilk, re: proposed rule.

(1page)

5. 10/17/84 Letter from Congressman Levine to Chilk, re: proposed rule.

(1 page)

6. 11/1/84 Letter from Senator Cranston to Palladino, re: proposed rule.
7. 11/7/84 Letter from Dircks to Cong. Brown, re: response to 10/4/84 letter. (1page)
8. 11/20/84 Letter from Dircks to Cong. Levine, re: response to 10/17/84 letter. (1 page)
9. 11/20/84 Letter from Dircks to Sen. Cranston, re: response to 11/20/84 letter. (1page)
10. 12/21/84 Letter from Fraley to Gillespie,

Subject:

Additional ACRS Commer.13 Renarding the Conversion to LEU Fuel in Non-power Reactors. 114pages)

11. 12/21/84 Letter from Neuder to Palladino, re: proposed rule. (3pages)
12. 5/16/85 Letter from Doherty to ELD, re: proposed rule. (3 pages)

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I Re: F01A-85-379 APPENDIX B DOCUMENTS ALREADY IN THE PDR

1. 3/1/83 Memorandum for Comm. Ahearne from John E. Zerbe, Director, OPE,

Subject:

Policy to Reduce Enrichment at Domestic Research and Test Reactors. Accession No. 8304070406. I

2. 6/12/84 ACRS Meeting: Safeguards and Security ACRS Accession No.:

Minutes-ACRS-2221, Transcript-ACRS-1323.

3. 6/14-16/ 290th ACRS Meeting. ACRS Accession No.: Minutes-ACRS-2224, 1984 Transcript-ACRST-1324,
4. 6/18/84 Letter from Ebersole to Palladino,

Subject:

ACRS Report of Proposed Rule for Limiting the Use of Highly Enriched Uranium in Domestic Research and Test Reactors. ACRSR-1090.

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Re: F0!A-85-379 APPENDIX C DOCUMENTS BEING WITHHELD

1. 4/6/85 Facsimile to Bill Lahs from R. Dube. (3 pages)
2. 4/8/85 Draft Section 6 and 7. Response to Public Coments. (14 pages)
3. 4/8/85 Response to Public Coments on Proposed Rule (Draft).

(49 pages)

4. 4/25/85 Limiting the Use of Highly Enriched Uranium in Research and Test Reactors, Briefing for W. J. Dircks. (6 pages)
5. 5/10/85 Memorandum for G. Cunningham, et. al., from Robert B. Minogue Office Concurrence Limit the Use of High Enriched Uranium (HEU) in Non-Power Reactors; Recomendations for Revised Implementation of Comission Policy. (2 pages)
6. 5/10/85 Memorandum for William J. Dircks from Robert B. Minogue, Limiting the Use of Highly Enriched Uranium (HEU) in Research and Test Reactors - Withdrawal of Proposed Rule and Recomendation for a Revised Implementation of Comission Policy. (1 page)
7. 5/14/85 Memorandum for William R. Lahs from J. M. Felton, Concurrence and Coment on Withdrawal of Proposed Part 50 Amendment to Limit the Use of High Enriched Uranium (HEU) in Non-Power Reactors; Recomendations for Revised Implementation of Comission Policy. (61 pages)
8. 5/16/85 Memorandum for Robert B. Minogue from James M. Taylor, Comission Paper - Withdrawal of Amendment to Limit the Use of HEU in Non-Power Reactors and Revised Implementation of Comission Policy. (1 page)
9. 5/17/85 Memorandum for Robert B. Minogue from Harold R. Denton, Withdrawal of Proposed Part 50 Amendment to Limit the Use of HEU in Non-Power Reactors. (1 page) 10, 5/22/85 Memorandum for Robert B. Minogue from F. Gillespie, Stat s of Rulemaking Activities. (3pages)
11. 5/23/85 Facsimile to Lahs from Dube re: Draft paragraph to Burnett from Davis. (3 pages) l

Re: F01A-85-379 APPENDIX C DOCUMENTS BEING WITHHELD (CONTINUED)

12. Various Draft Commission Paper with coments, Final Action on Proposed Dates Rule to Limit the Use of Highly Enriched Uranium (HEU) in Research and Test Reactors - Recomendation for a Revised Implementation of Comission Policy:

(a) Draft Commission Paper. (57pages)

(b) Mark-up of Comission Paper. (17 pages)

(c) NRR coments (1), (55pages)

(d) NRR coments (2). (14 pages)

(e) NRR coments dated 4/3/85. (53 pages)

(f) CBB coments. (15 pages)

(g) Sarah Wigginton 4/15/85. (16 pages)

(h) RES 3/27. (8 pages) t

13. Undated Draft Memorandum for Robert B. Minogue from John G. Davis, Comission Paper on Withdrawal of Proposed Part 50 Amendment to Limit the Use of HEU of HEU in Non-Power Reactors.

(59 pages)

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14. Undated Note to Bill Lahs from Joanna Becker, "Coments at clips." -

(60 pages)

15. Undated Draft Withdrawal Notice, Limiting the Use of Highly Enriched Uranium in Domestic Research and Test Reactors:

a Denton(62pages) b Minogue (8 pages) c Bartlett (8 pages) d Becker(7pages) l l

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